AUGUST 2018 BAD FAITH CASES: POTENTIAL BAD FAITH CLAIM FOR UNTIMELY FILING AND BACKDATING FORM (New Jersey Appellate Division)

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The insurer cancelled a workers’ compensation policy, and suit was brought for failing to meet statutory requirements to do so, along with a bad faith claim. The trial court found the cancellation proper.

The New Jersey Appellate Division reversed, and reinstated a bad faith claim for further proceedings, based on allegations that the carrier revoked coverage after failing to file a timely statutory certification, and later attempted to cure its alleged failure by backdating a form.

M&S Waste Service, Inc. v. Praetorian Insurance Co., New Jersey Superior Court Appellate Division DOCKET NO. A-4860-15T1, 2018 N.J. Super. Unpub. LEXIS 1981 (N.J. App. Div. Aug. 24, 2018) (Accurso and Messano, JJ.)

 

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